[Federal Register Volume 59, Number 33 (Thursday, February 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3519]


[[Page Unknown]]

[Federal Register: February 17, 1994]


_______________________________________________________________________

Part VI





Department of Transportation





_______________________________________________________________________



Coast Guard



_______________________________________________________________________



46 CFR Part 25




Emergency Position Indicating Radio Beacons and Visual Distress Signals 
for Uninspected Vessels; Proposed Rule
DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Part 25

[CGD 87-016b]
RIN 2115-AC69

 
Emergency Position Indicating Radio Beacons and Visual Distress 
Signals for Uninspected Vessels

AGENCY: Coast Guard, DOT.

ACTION: Supplemental notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to amend the uninspected vessel 
regulations by requiring an emergency position indicating radio beacon 
(EPIRB) on certain uninspected passenger vessels and uninspected 
vessels engaged as vessel assistance towing vessels. The proposed EPIRB 
requirement would apply to these vessels operating more than 3 nautical 
miles from the coastline or more than 4.8 Km (3 statute miles) from the 
coastline of the Great Lakes. However, under specific circumstances, 
these vessels would be exempt from this proposed EPIRB requirement. The 
Coast Guard also proposes requiring visual distress signals on all 
uninspected vessels, not presently required to carry them, when 
operating in coastal waters.
    The ``EPIRB's on Uninspected Vessels Requirements Act'' amended the 
shipping laws of the United States by requiring uninspected commercial 
vessels to carry alerting and locating devices, including EPIRBs, as 
prescribed by regulations. By implementing this law, the regulations 
will provide improved search and rescue assistance during emergency 
situations, thereby reducing the potential for the loss of life and 
property.

DATES: Comments must be received on or before June 17, 1994.

ADDRESSES: Comments may be mailed to the Executive Secretary, Marine 
Safety Council (G-LRA-2/3406) (CGD 87-016b), U.S. Coast Guard 
Headquarters, 2100 Second St. SW, Washington, DC 20593-0001, or may be 
delivered to Room 3406 at the above address between 8 a.m. and 3 p.m., 
Monday through Friday, except Federal holidays. The telephone number is 
(202) 267-1477.
    The Executive Secretary maintains the public docket for this 
rulemaking. Comments will become part of this docket and will be 
available for inspection or copying at Room 3406, U.S. Coast Guard 
Headquarters.

FOR FURTHER INFORMATION CONTACT: ENS. Stephen H. Ober, Survival Systems 
Branch, (202) 267-1444. Normal office hours are from 8 a.m. to 4 p.m. 
Monday through Friday, except federal holidays.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments to the 
Coast Guard. Persons submitting comments should include their name and 
address, identify the rulemaking (CGD 87-016b) and the specific section 
of this proposal to which each comment applies, and give a reason for 
each comment. Persons requesting acknowledgement of receipt of their 
comments should enclose a stamped, self-addressed postcard or envelope.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments.
    The Coast Guard plans no pubic hearing.Persons may request a public 
hearing by writing to the Marine Safety Council at the address under 
ADDRESSES. If it determines that the opportunity for oral presentations 
will aid this rulemaking, the Coast Guard will hold a pubic hearing at 
a time and place announced by a later notice in the Federal Register.

Drafting Information

    The principal persons involved in drafting these regulations are 
Mr. Robert L. Markle and ENS. Stephen H. Ober, Office of Marine Safety, 
Security and Environmental Protection, and Mr. Nicholas E. Grasselli, 
Project Counsel, Office of Chief Counsel.

Regulatory History

    On April 19, 1990, the Coast Guard published a notice of proposed 
rulemaking (NPRM) entitled ``Emergency Position Indicating Radio 
Beacons for Uninspected Vessels; (CGD 87-016a) in the Federal Register 
(55 FR 14922). The Coast Guard received 125 letters commenting on the 
NPRM. A public hearing was not requested and one was not held.
    On March 10, 1993, the Coast Guard published a final rule requiring 
EPIRBs on certain uninspected vessels, excluding uninspected passenger 
vessels and vessel assistance towing vessels (58 FR 13364). The 
preamble of that final rule sated that an additional supplemental 
notice of proposed rulemaking (SNPRM) would propose new EPIRB 
regulations and visual distress signal requirements for uninspected 
vessels not presently required to carry them. Uninspected passenger 
vessels are those vessels carrying 6 or less passengers for hire and 
are commonly known as ``charterboats.''

Background and Purpose

    Public Law 100-540, known as the ``EPIRB's On Uninspected Vessels 
Requirements Act'' (102 Stat. 2719, October 28, 1988), amended 46 
U.S.C. 4102 by requiring uninspected commercial vessels operating on 
the high seas and on the Great Lakes 4.8 Km (3 statute miles) from the 
coastline and beyond to carry alerting and locating equipment, 
including EPIRBs, as prescribed by regulation. Consistent with this 
law, this SNPRM proposes EPIRB requirements for uninspected passenger 
vessels and vessel assistance towing vessels, and proposes the carriage 
of visual distress signals for certain uninspected vessels not 
currently required to carry them. In response to the comments received 
to the NPRM of April 19, 1990 suggesting that EPIRBs were not needed on 
uninspected passenger vessels and vessel assistance towing vessels, the 
Coast Guard conducted a detailed study of the available casualty record 
for uninspected passenger vessels. A copy of this study entitled 
``Uninspected Passenger Vessel Casualties'' is available for review and 
copying in the docket at the location identified in the ADDRESSES 
section near the beginning of this notice.

Discussion of Comments

    In response to the NPRM of April 19, 1990, the Coast Guard received 
comments from charterboat operators, interested parties from the Great 
Lakes, various charterboat associations on the Great Lakes, New England 
charterboat captains, New England Charterboat associations, and 
charterboat captains in Florida. Additional comments were received from 
a publication serving the charterboat industry, and an association 
representing charterboat operators. The Coast Guard also received 
comments from the Radio Technical Commission for Maritime Services 
(RTCM), the National Transportation Safety Board (NTSB), a maritime 
hull and cargo surveyors corporation, and from interested parties that 
did not identify their affiliation.
    Some comments supported the rule as written, expressing the view 
that safety of charterboat operations and their passengers would be 
greatly increased and would reduce search and rescue costs. Other 
comments from charterboat interests expressed opposition to the 
proposed rule. The primary objections to the proposed requirement were: 
(1) The price of the EPIR and the ability of the EPIRB to operate in 
the marine environment; (2) the actual need for the EPIRB; and (3) the 
type of EPIRB.
    (1) The price of the EPIRB and the ability of the EPIRB to operate 
in the marine environment: The cost of the 406 MHz Satellite EPIRB has 
been dropping steadily since its introduction. The current advertised 
price of Satellite EPIRBs averages around $1350. This is one-half the 
estimated cost used in the NPRM dated April 19, 1990, and confirms the 
prediction stated in the NPRM that prices would fall. The Coast Guard 
expects that the cost of the EPIRBs will continue to fall as a result 
of the combination of bulk purchase orders through associations and 
marketplace response to keener competition.
    The Coast Guard recognizes that exposure to the marine environment 
can be extremely detrimental, especially to electronic equipment. With 
this in mind, the Radio Technical Commission for Maritime Services 
(RTCM) developed a standard for the manufacture of the 406 MHz 
Satellite EPIRB. This standard incorporates rigorous environmental 
tests that include long term exposure to salt, fog, and extreme 
vibrations. These tests were developed to ensure that the 406 MHz 
Satellite EPIRB will provide successful service throughout its expected 
life. The Federal Communications Center requires U.S. type accepted 406 
MHz satellite EPIRBs to meet the RTCM standards.
    (2) The actual need for an EPIRB: In response to the comments that 
EPIRBs were not needed on uninspected passenger vessels and vessel 
assistance towing vessels, the Coast Guard conducted a detailed study 
of the available casualty record for uninspected passenger vessels. A 
copy of this study entitled ``Uninspected Passenger Vessel Casualties'' 
is available for review and copying in the docket at the location 
identified in the ADDRESSES section near the beginning of this notice.
    The casualty study revealed that although there are a significant 
number of accidents involving charterboats with deaths resulting, only 
a few lives would have been saved if these vessels were required to 
carry EPIRBs. This is because help usually came in one of two ways. One 
source of assistance has come from other nearby vessels which saw that 
a vessel was in distress. The other frequent means of obtaining 
assistance came from the use of a radio, used either to summon the 
Coast Guard or a nearby vessel.
    The Coast Guard disagrees that EPIRBs are not needed on uninspected 
passenger vessels and vessel assistance towing vessels. However, as a 
result of the study, the Coast Guard believes that the uninspected 
passenger vessels in need of EPIRBs are primarily those that operate: 
(1) At night; (2) out of sight of other vessels; or (3) out of radio 
range to call for assistance.
    (3) The type of EPIRB: The comments to the NPRM suggested allowing 
the carriage of a Category 2, 406 MHz Satellite EPIRB for a boat 
manufactured under the level flotation requirements of 33 CFR Part 183. 
The comment expressed an opinion that the construction of a vessel with 
level flotation defeats the design operation of the Category 1 EPIRB. 
The Coast Guard is proposing to adopt the recommendation made in these 
comments.
    The Category 1, 406 MHz Satellite EPIRB is a fully automatic, 
float-free device. It is mounted on the outside of a vessel in a manner 
so that if a vessel sinks quickly, or unexpectedly, the device will 
float free, activate, and alert authorities of the distress. The 
Category 2 406 MHz Satellite EPIRB is manually operated, manually 
launched, and depends upon a person on the vessel to launch the device. 
'
    The Coast Guard requirement for level flotation construction in 33 
CFR Part 183 applies only to recreational vessels 6.06 meters (20 ft) 
in length and under. When a vessel of greater than 6.06 meters (20 ft) 
in length is manufactured with enough flotation material to keep the 
boat afloat, this must be substantiated by a certification by the 
manufacturer that the construction of the vessel includes inherently 
buoyant material which will prevent the vessel from sinking.

Discussion of Proposed Amendments

    Due to information obtained from the casualty study and comments 
received from the NPRM, the Coast Guard reconsidered the EPIRB 
proposals for uninspected passenger vessels and vessel assistance 
towing vessels. The uninspected passenger vessels that are affected by 
this proposed rule are mostly charterboats. These boats typically make 
day fishing trips with six or fewer paying passengers on board.
    The statutory language requires manned uninspected vessels to carry 
an EPIRB. The legislative history clearly indicates that Congress 
intended the EPIRB requirement to apply to manned uninspected vessels 
including tug boats, towing vessels, offshore supply vessels, 
oceanographic research vessels, and passenger vessels carrying 6 or 
less passengers. Consistent with the legislative history, the Coast 
Guard believes that applying the EPIRB requirement to manned barges is 
unnecessary since these vessels can not operate without the assistance 
of another vessel required to carry an EPIRB. Therefore, the Coast 
Guard proposes that this rule apply to self-propelled uninspected 
vessels.
    The proposed rules would make 406 MHz satellite EPIRBs generally 
required on uninspected passenger vessels and vessel assistance towing 
vessels operating more than 3 nautical miles from the coastline or more 
than 4.8 km (3 statute miles) from the coastline of the Great Lakes, 
subject to the exceptions discussed below. These are the same areas in 
which EPIRBs are required on other uninspected commercial vessels. 
However, the Coast Guard believes that virtually all uninspected 
passenger vessels operating on these waters are charterboats, and that 
the proposed exemption conditions would probably exempt most 
charterboats from the EPIRB requirement.
    An uninspected vessel and vessel assistance towing vessel would be 
exempt from the rule between one hour before sunrise and one hour 
before sunset if the vessel: (1) Operates between 3 and 20 miles from 
shore and is equipped with an operable VHF radio capable of 
transmitting and receiving on channels 6, 13, 16, and 22A and operates 
within the VHF radio range of at least 1 VHF coast station (same as sea 
area A1 as defined in 47 CFR 80.1069) or (2) When operating more than 
20 miles from shore the vessel must be ``in company'' with at least one 
other vessel at all times and the vessels are equipped with an operable 
VHF radio capable of transmitting and receiving on channels 6, 13, 16, 
and 22A.
    The Coast Guard's proposal for a one hour before sunrise to one 
hour before sunset exemption criterion is intended to incorporate, in 
principle, the recommendation from the charterboat operators to exempt 
vessels on voyages of less than 12 hours duration. The proposed rule 
would allow day trips to get underway before sunrise. If trouble 
developed early in a trip, search and rescue operations would still be 
able to take place in daylight. The proposed rule would also require 
boats without EPIRBs to be within 3 nautical miles of shore (4.8 Km/3 
statute miles on the Great Lakes) at least one hour before sunset.
    The Coast Guard is proposing to define the term ``in company'' to 
mean 2 or more vessels operating together in the same area, remaining 
within visual and VHF radio contact, by predetermined agreement prior 
to getting underway, for the purpose of ensuring mutual safety.
    The condition to have a VHF radio and operate within range of a 
coast station recognizes the importance radio plays in summoning 
assistance from the Coast Guard or other vessels. The specified 
channels are those most likely to be needed in a search and rescue 
operation. However, in an accident involving a sudden capsizing or 
sinking, or one that quickly results in a loss of power, an operator 
who chooses to comply with the regulation by carrying a VHF radio may 
still be unable to summon help if out of sight of other vessels.
    One way of dealing with a possible rapid loss of a vessel's power 
is to require an emergency battery that is not part of the vessel's 
main power system. The Coast Guard is specifically interested in 
receiving comments addressing a requirement that to be eligible for the 
EPIRB exemption, uninspected passenger vessels be required to have a 
VHF radio that can be operated using an emergency battery that is not 
part of the vessel's main power system. Comments are invited on the 
practicality of such an arrangement and whether this should be an 
additional condition of the final rule. If the battery-powered 
operation is considered feasible, should a minimum operating period be 
specified?
    Additionally, the Coast Guard is considering requiring uninspected 
vessels and vessel assistance towing vessels that operate beyond 20 
nautical miles from shore to have a 406 MHz satellite EPIRB. The Coast 
Guard specifically requests comments on the practicality of such an 
arrangement and whether this should be an additional condition of the 
final rule.
    This notice also proposes requiring all uninspected commercial 
vessels to carry the same visual distress signals now required to be 
carried on commercial fishing vessels in 46 CFR 28.145. For vessels 
operating in coastal waters within 3 miles of the coastline, the 
requirements would be the same as the visual distress signals now 
required on recreational boats in 33 CFR part 175 subchapter C. Vessels 
operating beyond 3 miles from the coastline would be required to have 
brighter and longer-burning flares.
    The casualty study shows that being seen by another vessel is a 
primary way in which assistance is obtained. Flares and other visual 
distress signals are recognized by mariners as signals indicating that 
assistance is required, so they play an important role where rescue 
depends on visual detection. The Coast Guard believes that most 
uninspected passenger vessels and vessel assistance towing vessels 
already carry visual distress signals since those signals are now 
required whenever such a vessel is operated as a recreational boat in 
coastal waters. These flares can be bought for about $20. Therefore, 
the cost of this requirement would be minimal.
    As proposed in this SNPRM, all vessels less than 11 meters (36 
feet) in length and vessels of any length with positive flotation could 
meet the EPIRB requirement by carrying either an installed Category 1 
406 MHz Satellite EPIRB or a readily accessible Category 2 (manual) 406 
Satellite EPIRB mounted at or near the principal steering station of 
the vessel. For purposes of this regulation, length is defined as the 
length listed on a vessel's Certificate of Documentation or Certificate 
of Number.

Regulatory Evaluation

    This proposal is not significant regulatory action under Executive 
Order 12866 and is not significant under the Department of 
Transportation Regulatory Policies and Procedures (44 FR 11040; 
February 26, 1979). A draft Regulatory Evaluation is available in the 
docket for inspection or copying where indicated under ADDRESSES.
    The specific number of vessels that would be affected by a 
regulation requiring EPIRBs on uninspected passenger vessels and 
assistance towing vessels is difficult to determine. The largest group 
of these vessels are charterboats, most of which make day fishing 
trips, but some are involved in overnight trips. Others operate as dive 
boats, excursion boats, parasail boats, vessel towing assistance 
vessels, water taxis, and other services. Those over five net tons are 
documented by the Coast Guard, and major accidents involving these 
vessels are required to be reported to the Coast Guard. Smaller boats 
are state numbered, are difficult to distinguish from recreational 
boats, and are often not captured in the Coast Guard's data on 
commercial vessels.
    Furthermore, the number of uninspected passenger vessels is 
constantly changing since a boat used as a charterboat one day may be 
used for the owner's recreational purposes on another day. When 
operating as a charterboat, the boat comes under the regulations for 
uninspected commercial vessels in 46 CFR subchapter C. When used 
strictly for recreational purposes with no paying passengers on board, 
the boat comes under the regulations in 33 CFR subchapter S.
    Although there are about 65,000 persons licensed to operate 
uninspected passenger vessels in the U.S., the Coast Guard believes 
that less than half of these licensed persons are actively employed as 
vessel operators. This proposed rule would only apply to those vessels 
that operate more than 3 nautical miles from the coastline or more than 
3 statutory miles from the coastline of the Great Lakes. Consistent 
with a comment received to the NPRM, the Coast Guard believes that 
approximately 12,000 charterboats would be affected by this proposed 
rule.
    EPIRB regulations would only affect those vessels operating more 
than 3 nautical miles from the coastline or more than 4.8 Km (3 statute 
miles) from the coastline of the Great Lakes. Therefore, if half of the 
uninspected vessels operate in rivers, inland lakes, bays, or sounds, 
or within 4.8 Km (3 statute miles) of the coastline of the Great Lakes, 
about 15,000 uninspected passenger vessels would remain as being 
potentially affected by an EPIRB rule under the authority in 46 U.S.C. 
4102(e).
    This number is fairly consistent with an estimate by the 
association of charterboat operators in one of its letters, that 12,000 
charterboats would be affected by the rules proposed in the NPRM. Coast 
Guard used the association's 12,000 vessel estimate in assessing the 
potential effects of the rules proposed in this notice.
    The draft evaluation uses a cost estimate of $1350 for Category 1 
406 MHz Satellite EPIRBs, and $1150 for Category 2 406 MHz Satellite 
EPIRBS. A set of visual distress signals would cost most vessels about 
$20. The draft Evaluation estimates that about 1200 charterboats would 
not qualify for the EPIRB carriage exemption, and would have to 
purchase a 406 MGz Satellite EPIRB. It also estimates that another 1200 
vessels would have to purchase VHF-FM marine radios at $400 each in 
order to qualify for the EPIRB exemption within Sea Area A1. In 
addition, an estimated 8500 uninspected vessels would be required to 
carry visual distress signals for the first time. The estimated present 
value cost of the proposed regulations to the industry, is about $3 
million over 10 years. The number of lives that may be saved through 
mandatory EPIRB and visual distress signal requirements cannot be 
accurately predicted. However, economic research indicates that $2.5 
million per statistical life saved is a reasonable estimate of people's 
willingness to pay for safety. The saving of only two lives in ten 
years would justify the cost of these rules.
    In addition to the saving of lives, primary benefits of the 
regulations include more timely notification to the authorities that a 
casualty has occurred and more accurate identification of the object of 
the search and the search area, which should contribute to large 
savings of money for the Coast Guard and other organizations involved 
in a search. This rule, in effect, shifts some of the cost burden for 
search and rescue from the Coast Guard to owners and operators of 
uninspected vessels. Many unsuccessful searches for overdue vessels 
have cost millions of dollars before being abandoned. In contrast, a 
number of searches for pleasure, charter, and fishing vessels have been 
expedited by EPIRBs carried voluntarily. The savings to the government 
as a result of elimination or significant reduction of only three or 
four large-scale searches would justify the cost of these rules, even 
without considering the lives that may be saved by more timely location 
of vessels in distress.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include independently owned and operated small businesses 
that are not dominant in their field and that otherwise qualify as 
``small business concerns'' under section 3 of the Small Business Act 
(15 U.S.C. 632).
    Generally, uninspected vessel operators are considered to be small 
entities. They are typically not part of large diversified 
corporations, and generally own no more than one or two vessels. When 
compared to the potential cost associated with the loss of a vessel 
and/or human life or lives, and in comparison to the cost of most 
associated equipment necessary to properly and safely operate most of 
these vessels, the Coast Guard believes the cost of an $1150 to $1350 
EPIRB is not considered significant.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this proposal, if adopted, will not have a significant economic impact 
on a substantial number of small entities. If, however, you think that 
your business qualifies as a small entity and that this proposal will 
have a significant economic impact on your business, please submit a 
comment (see ADDRESSES) explaining why you think your business 
qualifies and in what way and to what degree this proposal will 
economically affect your business.

Collection of Information

    This proposed rule contains no collection of information 
requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et 
seq.).

Federalism

    The Coast Guard has analyzed this proposal in accordance with the 
principles and criteria contained in Executive Order 12612, and 
determined that this proposal does not have sufficient federalism 
implications to warrant the preparation of a Federalism assessment. 
This notice proposes amending the regulations for uninspected 
commercial vessels, by requiring certain vessels to carry EPIRBs and 
visual distress signals. The proposed rule would apply to certain 
vessels operating in coastal waters, on the high seas, and on the Great 
Lakes. Since this rule affects specific vessels both inside and outside 
of state waters, the Coast Guard intends to preempt State action 
addressing the same subject matter.

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that under section 2.B.2 of Commandant 
Instruction M16475.1B, this proposal is categorically excluded from 
further environmental documentation. This proposal is made to enhance 
the safety of personnel at sea, as well as improving the effectiveness 
of search and rescue, and is expected to have no environmental impact. 
A Categorical Exclusion Determination is available in the docket for 
examination and copying where indicated under ADDRESSES.

List of Subjects in 46 CFR Part 25

    Fire prevention, Incorporation by reference, Marine safety, 
Reporting and recordkeeping requirements.

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 46 CFR part 25 as follows:

PART 25--REQUIREMENTS

    1. The authority citation for part 25 would continue to read as 
follows:

    Authority: 33 U.S.C. 1903(b); 46 U.S.C. 2103, 3306, and 4302; 49 
CFR 1.46.

    2. By amending 25.26-1 to add a definition for ``vessel assistance 
towing vessel'' and ``in company'' in the appropriate alphabetical 
order, revising the definition of ``uninspected passenger vessel'', and 
removing the NOTE following the definition of ``uninspected passenger 
vessel'', to read as follows:


Sec. 25.26-1  Definitions.

    In company means 2 or more vessels operating together in the same 
area, remaining within visual and VHF radio contact by predetermined 
agreement prior to getting underway, for the purpose of ensuring mutual 
safety.
* * * * *
    Uninspected passenger vessel means a vessel engaged in the carriage 
of passengers for hire, and which is not inspected by the Coast Guard 
under any other 46 CFR subchapter.
    Vessel assistance towing vessel means a vessel engaged in providing 
non-emergency assistance to boaters, and which is not inspected by the 
Coast Guard under any other 46 CFR subchapter.
    3. By revising paragraphs (b)(3) and (c)(2) of Sec. 25.26-5 to read 
as follows:


Sec. 25.26-5  Commercial fishing industry vessels.

* * * * *
    (b) * * *
    (3) Until February 1, 1998, a 121.5/243.0 MHz EPIRB meeting 
Sec. 25.26-30(a).
    (c) * * *
    (2) Until February 1, 1998, a 121.5/243.0 MHz EPIRB meeting 
Sec. 25.26-30(a).
    4. By revising Sec. 25.26-10 to read as follows:


Sec. 25.26-10  Uninspected passenger vessels and vessel assistance 
towing vessels.

    (a) After (one year after date of publication of the final rule in 
the Federal Register), each owner or operator of an uninspected 
passenger vessel or vessel assistance towing vessel 11 meters (36 feet) 
or more in length, shall ensure that the vessel does not operate more 
than 3 nautical miles from the coastline or more than 4.8 Km (3 statute 
miles) from the coastline of the Great Lakes, except as provided for in 
paragraphs (b) and (c) of this section, unless it has on board--
    (1) A float-free, automatically activated Category 1 406 MHz EPIRB 
stowed in a manner so that it will float free if the vessel sinks; or
    (2) Until August 1, 1998, a 121.5/243.0 MHz EPIRB meeting 
Sec. 25.26-30(b) of this subpart.
    (b) After (one year after date of publication of the final rule in 
the Federal Register), the owner or operator of an uninspected 
passenger vessel or assistance towing vessel less than 11 meters (36 
feet) in length, or an uninspected passenger vessel or assistance 
towing vessel 11 meters (36 feet) or more in length which has a 
builder's certification that the vessel is constructed with inherently 
buoyant material to keep the flooded vessel afloat, shall ensure that 
the vessel does not operate 3 nautical miles from the coastline or 
beyond 4.8 Km (3 statute miles) from the coastline of the Great Lakes, 
except as provided for in paragraph (c) of this section, unless it 
has--
    (1) A manually activated Category 2 406 MHz EPIRB installed in a 
readily accessible location at or near the principal steering station; 
or
    (2) A float-free, automatically activated Category 1 406 MHz EPIRB 
installed in a readily accessible location at or near the principal 
steering station; or
    (3) A float-free, automatically activated Category 1 406 MHz EPIRB 
installed in a manner so that it will float free if the vessel capsizes 
or sinks; or
    (4) Until August 1, 1998, a 121.5/243.0 MHz EPIRB meeting 
Sec. 25.26-30(b) of this subpart.
    (c) A vessel identified in paragraphs (a) and (b) is not required 
to carry an EPIRB between one hour before sunrise and one hour before 
sunset if it--
    (1) Operates between 3 and 20 minutes from shore and is equipped 
with an operable VHF radio capable of transmitting and receiving on 
channels 6, 13, 16, and 22A and operates within the VHF radio range of 
at least 1 VHF coast station (same as sea area A1 as defined in 47 CFR 
80.1069) or
    (2) Operates more than 20 miles from shore ``in company'' with at 
least one other vessel at all times and each vessel is equipped with an 
operable VHF radio capable of transmitting and receiving on channels 6, 
13, 16, and 22A.
    5. By revising the section heading and paragraphs (a) introductory 
text, (a)(2), (b) introductory text and (b)(3) of Sec. 25.26-20 to read 
as follows:


Sec. 25.26-20  Other self-propelled uninspected commercial vessels.

    (a) After March 10, 1994, the owner or operator of a self-propelled 
uninspected commercial vessel 11 meters (36 feet) or more in length, 
other than a vessel under Sec. 25.26-5 or Sec. 25.26-10 or under 
paragraph (b) of this section shall ensure that the vessel does not 
operate more than 3 nautical miles from the coastline or more than 4.8 
Km (3 statute miles) from the coastline of the Great Lakes unless it 
has on board--
    (1) * * *
    (2) Until February 1, 1998, a 121.5/243.0 MHz EPIRB meeting 
Sec. 25.26-30(a) of this subpart.
    (b) After March 10, 1994, the owner or operator of a self-propelled 
uninspected commercial vessel 11 meters (36 feet) or more in length, or 
11 meters (36 feet) or more in length which has a builder's 
certification that the vessel is constructed with sufficient inherently 
buoyant material to keep the flooded vessel afloat, shall ensure that 
the vessel does not operate more than 3 nautical miles from the 
coastline or more than 4.8 Km (3 statute miles) from the coastline of 
the Great Lakes, unless it has installed in a readily accessible 
location at or near the principal steering station--
    (1) * * *
    (2) * * *
    (3) Until February 1, 1998, a 121.5/243.0 MHz EPIRB meeting 
Sec. 25.26-30(a) of this subpart.
    6. By revising Sec. 25.26-30 to read as follows:


Sec. 25.26-30  121.5/243.0 MHz EPIRBs.

    (a) A 121.5/243.0 MHz EPIRB manufactured after October 1, 1988, may 
be used to meet certain requirements of Sec. 25.26-5 and Sec. 25.26-20, 
if the EPIRB is operable and was installed on the vessel on or before 
April 26, 1993. The EPIRB must be a Class A EPIRB, or a Class B EPIRB 
which is watertight, self-buoyant, and stable in a floating position to 
properly transmit a distress signal.
    (b) A 121.5/243.0 MHz EPIRB manufactured after October 1, 1988, may 
be used to meet the requirements of Sec. 25.26-10 of this part, if the 
EPIRB is operable and was installed on the vessel on or before [date 45 
days after date of publication in the Federal Register of the final 
rule]. The EPIRB must be a Class A EPIRB, or a Class B EPIRB which is 
watertight, self-buoyant, and stable in a floating position to properly 
transmit a distress signal.
    7. By adding a new Subpart 25.27 to read as follows:

Subpart 25.27--Distress Signals

Sec.
25.27-1  Definitions.
25.27-5  Visual distress signals.

Subpart 25.27--Distress Signals


Sec. 25.27-1  Definitions.

    As used in this subpart:
    Coastal waters means coastal waters as defined in 33 CFR 175.105.


Sec. 25.27-5  Visual distress signals.

    Except for a commercial fishing industry vessel required to carry 
distress signals under Sec. 28.145 of this chapter, after (one year 
after date of publication of the final rule in the Federal Register, 
each self-propelled uninspected vessel must be equipped with the 
distress signals specified in table 25.27-5.

                 Table 25.27-5.--Visual Distress Signals                
------------------------------------------------------------------------
                Area                           Devices required         
------------------------------------------------------------------------
Ocean, more than 50 miles from       3 parachute flares, approval series
 coastline.                           160.136; plus                     
                                     6 hand flares, approval series     
                                      160.121; plus                     
                                     3 smoke signals, approval series   
                                      160.122.                          
Ocean, 3 miles--50 miles from        3 parachute flares, approval series
 coastline; or more than 4.8 Km (3    160.136 or 160.036; plus          
 statute miles) from the coastline   6 hand flares, approval series     
 of the Great Lakes.                  160.121 or 160.021; plus          
                                     3 smoke signals, approval series   
                                      160.122, 160.022, or 160.037.     
Coastal waters, excluding the Great  Night visual distress signals      
 Lakes; or within 4.8 Km (3 statute   consisting of one electric        
 miles) of the coastline of the       distress light, approval series   
 Great Lakes.                         161.013 or 3 approved flares; plus
                                     Day visual distress signals        
                                      consisting of one distress flag,  
                                      approval series 160.072, or 3     
                                      approved flares, or 3 approved    
                                      smoke signals.\1\                 
------------------------------------------------------------------------
\1\If flares are carried, the same 3 flares may be counted toward       
  meeting both the day and night requirement.                           

    Dated: November 23, 1993.
A.E. Henn,
Rear Admiral, U.S. Coast Guard, Chief, Office of Marine Safety, 
Security and Environmental Protection.
[FR Doc. 94-3519 Filed 2-16-94; 8:45 am]
BILLING CODE 4910-14-M